Germany's rail chief warns Italo's market entry could trigger legal chaos by 2028

The CEO of DB InfraGO, Philipp Nagl, has raised concerns over plans to give Italian train operator Italo special access to Germany’s long-distance rail market. Speaking ahead of a proposed 2028 launch, he warned that legally uncertain terms could spark years of disputes. His comments also highlighted broader changes in how track access is managed across Europe. The current system for allocating rail capacity in Germany has already shifted. Old multi-year agreements from 2017 were scrapped due to their complexity and legal risks. Now, a new EU-wide Capacity Regulation is set to replace them—but not until 2031.

Nagl criticised proposals for a short-term 'new entrant clause' designed to help Italo enter the German market. He described such measures as legally precarious and warned they could destabilise competition. Granting track access under unclear rules, he argued, might create extreme uncertainty for all operators. Despite his reservations, Nagl stressed that DB InfraGO remains neutral on which companies run trains. As an infrastructure provider, its focus is on ensuring fair competition that ultimately benefits passengers. He firmly believes that open competition in long-distance rail can succeed—if the rules are clear and applied equally.

Without a stable legal framework until 2031, any special conditions for Italo could lead to prolonged legal battles. Nagl’s warnings point to potential delays and instability in Germany’s rail market. The outcome will depend on how regulators balance new competition with the need for predictable, enforceable rules.